It is strongly recommended that qualified advice be obtained on meeting
the obligations spelled out in the various federal, provincial and territorial
legislation, policies and directives and in final land claim agreements. For
more information on the apropriate authorities and legislation dealing with
this subject, consult Unearthing the Law: Archaeological Legislation on Lands in Canada.

Parks Canada is bound by its mandate and policies to protect and preserve
archaeological resources found on Parks Canada lands — whether the resources
are on the surface of the ground, buried in the earth or submerged. The Parks
Canada Agency Act (1998) lists archaeology in its heritage protection programs.
The Act further states that “the Agency is responsible for the implementation
of policies of the Government of Canada that relate to national parks, national
historic sites, national marine conservation areas, other protected heritage
areas and heritage protection programs.” As well, the Parks Canada Agency
is the federal government expert on archaeological works that take place on
federal lands. The Agency’s archaeological experts provide advice, tools
and information to other federal land managers on archaeology and environmental
assessment to help implement the Government of Canada’s Archaeological
Heritage Policy Framework (1990)..

Other federal government departments are subject to different laws, policies
and ministerial directives that pertain to federal lands. Legally, a project
that would prompt an environmental assessment under the Canadian Environmental
Assessment Act may trigger a requirement to assess the site in question for
archaeological resources.

Provincial and territorial governments have all created one or more laws
that deal directly or indirectly with archaeology or archaeological resources
under their jurisdiction. These laws require both governments and the private
sector equally to plan for archaeology and to protect archaeological resources,
whether they are discovered by accident or as part of a purposeful research
effort. Each provincial and territorial government has established a process
for obtaining permits for archaeological research and for the filing of reports
on authorized excavations.

Accidental Discoveries

In the event of an accidental discovery of human remains, the law specifies
that all activities must be halted, the area secured and the apropriate authorities
(police and/or coroner) notified. The police and/or coroner, often working
with an archaeologist or biological anthropologist, will determine whether
the site is the scene of a crime or an archaeological site. If the site and
human remains have medico-legal significance, they will fall under the jurisdiction
of the police or coroner. If the site and remains are archaeological, they
will, depending on where they are found, generally fall under legislation
and policies concerning heritage, historic or archaeological resources, or
the laws and policies that deal with burial sites and cemeteries.

Given the inherent spiritual significance and scientific and heritage
value of human remains, special ethical considerations should be given to
the protection of both the remains and the burial sites. Both must be treated
with respect and, whenever possible and reasonable, the wishes of the next
of kin, the genealogical descendents (if known) or the community with the
closest historical or cultural association must be respected.

The laws are less explicit and often inconsistent in the case of accidental
discoveries of archaeological objects and other archaeological resources that
not associated with human remains. Ideally, if such a discovery occurs, all
work that could potentially threaten the site should be halted, the site itself
closed and secured and the responsible provincial, territorial or federal
archaeological official notified. Where there is any doubt as to whether a
find is an archaeological resource, it is best to obtain expert advice without
delay.